reply to post by Xcathdra
What about the TSA's new "Mobile X-Ray Vans". How do we 'opt out' of that one?
As I've stated in previous posts on the subject of TSA, flying is not a "privilege" it is a right.
(a) Sovereignty and Public Right of Transit. -
(1) The United States Government has exclusive sovereignty of airspace of the United States.
(2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of
Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order or procedure that will have a significant impact on
the accessibility of commercial airports or commercial air transportation for handicapped individuals.
Your local airport (for example JFK or Los Angeles International) are NOT private property. They are NOT like malls.
Airports fall into four categories, from most common to least common:
1) Public airport, public use. All the major airports commercial airliners fly out of are in this category. Most small airports fall into this
category too. Most are owned by counties. There are the most airports in this category, over 3,000 in the US.
2) Public airport, private use. These are things like military bases, fire-fighting command centers, police heliports, NASA, and the like. The
government (which means you and me) owns these too, but we don't get to use them.
3) Private airport, private use. These are fully private airports on private land. You cannot use these without permission from the owner, which you
likely won't get.
4) Private airport, public use. These are things like restaurants and private ski areas. You need the owner's permission to land here, but sometimes
they give blanket permission.
The TSA does not have the right to circumvent the 4th amendment under the guise of "security". They have a right to search you if there is due cause.
They do not have the right to randomly screen people and perform invasive searches that they currently perform. Not even local law enforcement do such
procedures unless you are booked and formerly charged with a crime. The TSA is an agency operating under the Department of Homeland Security. Therefor
their searches of passengers are illegal. I'm not talking about walking through a metal detector or being wanded. I'm talking about their "enhanced
When the TSA pulls you into their little glass boxes to perform their searches they are detaining you. Under your rights you do not have to stay
there. You can ask to leave. Have you noticed what happens when you try to leave? When you try to exercise your rights under detainment rights? There
is a video out there where a man is threatened to be arrested and fined $10,000 for doing just that. So... how is that not a violation?
If POLICE have reasonable suspicion to detain you, they can conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only
if they have a basis for suspecting you're armed. So how come the TSA are allowed to stick their hands down your pants? How is that not a
Did you know that if you refuse to show ID to TSA they will block you from flying? Did you know that this is illegal for them to do? If you say you
"lost your ID" you will be allowed to fly. However if you just refuse to show it to them, they will deny you. It is a right to fly without ID. There
are many case-law examples. I would link them but I don't want to detract right now. I'll get off topic. Here is an article talking about this very
The bottom line is the TSA is violating the 4th Amendment. Period. Yes, you can just choose not to fly. But for some this is not an option. Travel in
itself is a common right. Some people HAVE to travel for work, or family emergencies. There is not some special rule that allows the TSA to do
whatever the hell it wants. There are a select few in higher power who are blocking every attempt to bring the TSA to justice. Case in point is Texas.
They could have passed their anti-TSA law, but some higher ups in the Department of Justice stuck their nose into states business and the item was
Here is the bottom line. The TSA is in airports, breaking the law. You can take the attitude of "hey its for our safety" and continue to be felt up
and violated. You can take the attitude of "oh well... just don't fly" and eventually the TSA WILL move into different modes of transportation
(trains, buses, etc). Or you can take the attitude of "screw this, they are breaking the law, they are violating my rights and im going to do
something about it!". If ENOUGH people took the latter attitude something would be done. But so many of us so called "Americans" just like to bury our
heads in the sands and flip on the old TV. "Oh my voice won't make a difference". Too many people take that attitude and then nothing DOES happen.
So continue to be abused and molested because after all... you can't do anything about it..... right?
edit on 4-7-2011 by DerekJR321 because: fixed a quote